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Listing Changes Made

Kristi Khughes May 14, 2018

SSA is correcting the language under Listings 13.02 (“Soft tissue cancers of the head and neck”) and 13.03 (“Skin”). 83 Fed. Reg. 11143 (March 14, 2018). https://www.gpo.gov/fdsys/pkg/FR-2018-03-14/pdf/2018-05240.pdf.

 

As of April 1, 2017, in Part 404, Subpart P, Appendix 1, under 13.02, paragraph B., the second “OR” is removed, and under 13.03, paragraphs B.1 and B.2 are removed.

 

The significant correction is the one to 13.03. Certain versions of the Listing have contained inapplicable restrictive language that may have caused incorrect denials of benefits. The restrictive requirements under old listing “B.1” and “B.2” for recurrence and metastases were incorrectly carried over despite the Listing being revised in 2015 to delete those sections. The mistake appears in SSA’s online version of the regulations, https://www.ssa.gov/OP_Home/cfr20/404/404-app-p01.htm , although not in the POMS version of the Listing. https://secure.ssa.gov/apps10/poms.nsf/lnx/0434001034 .

 

Apparently, claimants with skin cancer meeting the Listing at 13.03 may have been incorrectly denied benefits since July 20, 2015, if the adjudicator was applying the restrictions retained into the incorrect version of the Listing. The fortunate thing about delays in scheduling of ALJ hearings means that many of these may still be able to be reversed easily. For others, if you happen to find them, reopening under mistake on the face of the evidence should be available. If you have one of these cases, read the correction language carefully.

 

SSA is also extending the expiration dates of the following body systems in the Listing of Impairments: Special Senses and Speech and Congenital Disorders That Affect Multiple Body Systems. There are no other revisions to these body systems in this final rule. This rule extends the Listings to April 2020. 83 Fed. Reg. 13862-13863 (April 2, 2018).